LAWS(KAR)-2019-2-531

SARASWATI GANAPATHI BHAT Vs. GOVERNMENT OF KARNATAKA

Decided On February 01, 2019
Saraswati Ganapathi Bhat Appellant
V/S
GOVERNMENT OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

(2.) The facts in brief are that the petitioner's husband had stood as guarantor to the loans obtained by their son-in-law and that the loans were obtained from the 5th and 6th respondent. That on account of the advancing age, her husband gifted certain properties under gift deed dated 02.04.2011 in favour of the petitioner. That subsequently on 13.06.2011, the petitioner's husband passed away. That in the year 2012, the petitioner sought for mutation of her name in the revenue records. That the same was objected to by the respondents 5 and 6 on the premise that her husband had acted as a guarantor and hence the loans not being discharged, the bankers were entitled to move against the property of the guarantor and the 4th respondent admitting the objections was pleased to reject plea of the petitioner.

(3.) Aggrieved, the petitioner preferred an appeal before the Assistant Commissioner and the third respondent was also pleased to affirm the order passed by 4th respondent/ Tahasildar. Aggrieved, the petitioner preferred a revision before the Deputy Commissioner who was pleased to concur with the orders passed by his subordinate authorities.